90,000+ Legal Questions Answered
icon Adoption

My aunty and uncle adopted me(now 45 years) from my parents as my aunty don't have kid... They don't do any legal formalities but did on mutual understanding. My uncle dies 4 years back. My aunt havin


A. Dear client,
Since your aunt and uncle adopted you informally, one option is there that formalize the adoption legally. This may involve going through the adoption process in your jurisdiction, which mandatory requires court approval. you have to Your aunt has already made a will leaving her property to you, which is a good step. However, it's important to ensure that the will is properly drafted and executed according to the Indian laws. Your aunt should review and update beneficiary designati ...ReadMore

Helpful
Helpful
Share
icon Land occupied

Sir, my mom grandma property is ther. But grandma is currently no there. Our grandma property some illegal persons occupied the land. And balance area of land is here. How to recover my grandma proper


A. Dear Client,
Your query requires more information to address it suitably. However, in the context, it may be noted that according to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term ...ReadMore

Helpful
Helpful
Share
Other Responses
icon How can I adopt my friends new born baby

My friend has a new born baby and wants surrender to some prospective parent. We don't have a child and want to adopt this baby. We are above 50 years. How can we adopt?


A. Dear Client,
Any person can adopt a child, irrespective of gender and marital status. However, the age difference between the child and adoptive parents should be at least 25 years and if you are married, you would require the consent of your spouse for a valid adoption. In this situation, you have to fulfill the eligibility criteria outlined by the Central Adoption Resource Authority (CARA) and register under the same. Further, you need to obtain the permission of the Child Welfare Committee(CW ...ReadMore

Helpful
Helpful
Share
icon Adopting Friends son

My close friend along with his wife passed away in an accident leaving a boy (12) and girl (8) behind them. I have a very strong bond with the boy and being helping him in his education. My friend's s


A. Dear Client,
Any person can adopt a child, irrespective of gender and marital status. However, the age difference between the child and adoptive parents should be at least 25 years and if you are married, you would require the consent of your spouse for a valid adoption. In this situation, you have to fulfill the eligibility criteria outlined by the Central Adoption Resource Authority (CARA) and register under the same. Further, you need to obtain the permission of the Child Welfare Committee(CW ...ReadMore

Helpful
Helpful
Share
Other Responses
Legal  Counsel Vidhikarya

Vidhikarya

icon Adoption rules

My sister and brother-in-law adopted a girl but did not complete any legal formalities, they did not have any children, they gave her a good education, they mentioned her as their daughter everywhere,


A. Dear Client,
The query does not provide clarity on the person seeking the legal heirship certificate and the type of property the person is seeking to claim. The girl cannot claim the share in the property in the absence of an adoption deed or legal heir certificate. It is not possible to obtain the adoption certificate now. However, the heirs can get the legal heir certificate by approaching the concerned Tehsildar or other competent authority and providing the death certificate and other relev ...ReadMore

Helpful
Helpful
Share
Other Responses
Legal  Counsel Vidhikarya

Vidhikarya

icon ST reservation

Is adopted child applicable for st reservation benifits


A. Dear Client,
The adopted child being a member of the family of adoptive parents, takes the caste of the adoptive parents.
Thank you.

Helpful
Helpful
Share
Other Responses
Legal  Counsel Vidhikarya

Vidhikarya

icon How to prove legal heir with out adopted certificate

My great grandma ,adopted her sister grandchild ( my grandma) ,this is happened during 1940 . After her death ,my grandmother somehow got the death certificate but didn't get the legal heir. Now land

2 Response(s)

2 months ago


A. Dear Client,
It is not possible to get an adoption certificate now, but a legal heir certificate can be gotten done by all the heirs of your grandma. approach the Taluk Tehsildar, the local corporation/municipality office, or the district civil court in their area along with death certificate or approach civil court.

Helpful
Helpful
Share
Other Responses
Legal  Counsel Vidhikarya

Vidhikarya

icon I am a divorcee with a 15 yr old son

I am a divorcee with a 15 yr old son. I have the sole custody and guardianship. I got remarried and my present husband wants to adopt my son. Should I go through this process without going through CAR

2 Response(s)

2 months ago


A. Dear Client,
Without the consent of the biological father of your son from the first marriage even if it is dissolved by a decree of divorce, your second husband cannot adopt your son. According to the Central Adoption Resource Authority(CARA), all kind of adoption requires registration with CARA. Consent of biological parents or permission of the Child Welfare Committee(CWC), as the case may be, shall be required for the adoption of the child. The consent of the child if he is five years of a ...ReadMore

Helpful
Helpful
Share
Other Responses
icon Adoption Case

I have got married to an divorcee women who has already a daughter by previous husband. Now we both mutually decided to file an adoption case in court and after 2-3 hearings court demands physical pre

2 Response(s)

3 months ago


A. Dear Client,

In Hindu law, adoption of the daughter from your wife's previous marriage cannot proceed without the consent of her biological father, even if the marriage has been dissolved by a divorce decree. Consent from the biological father is a prerequisite for adoption under Hindu law. If the biological father fails to appear before the court despite repeated notices, the court may dismiss the case due to non-compliance with its orders or lack of pursuit by the parties involved.

Helpful
Helpful
Share
Other Responses
Legal  Counsel Vidhikarya

Vidhikarya

icon Myself and wife want to adopt child from srilanka from my cousin sister

We want to adopt child from mu cousin sister who reside in srilanka

2 Response(s)

3 months ago


A. Dear client, if you are interested to adopt a relative’s child, may approach an Authorised Foreign Adoption Agency or the Central Authority in that country of residence for preparation of their Home Study Report and for online registration in Child Adoption Resource Information and Guidance System. And after the approval you have to file an application in the civil court of jurisdiction and then court issues adoption order.

Helpful
Helpful
Share
Other Responses
Legal  Counsel Vidhikarya

Vidhikarya